AGREEMENT BETWEEN THE CITY OF ST. PETERSBURG AND PINELLAS COUNTY FRATERNAL ORDER OF POLICE FOR POLICE SERGEANTS & LIEUTENANTS

Transcription

1 AGREEMENT BETWEEN THE CITY OF ST. PETERSBURG AND PINELLAS COUNTY FRATERNAL ORDER OF POLICE FOR POLICE SERGEANTS & LIEUTENANTS SEPTEMBER 8, 2008 THROUGH SEPTEMBER 30, 2010

2 CITY OF ST. PETERSBURG AND FOP SERGEANTS & LIEUTENANTS TABLE OF CONTENTS ARTICLE PAGE Agreement...1 Preamble Recognition Employee Rights Management Rights Prohibition of Strikes Non-Discrimination Checkoff FOP Representation FOP Business Grievance & Arbitration Procedure Illness Leave Bereavement Leave Military Leave On-Duty Injury Benefit Annual Leave Holidays Pay...33 Section 1 Pay Plan Progression in the Pay Plan Shift Differential Acting In A Higher Rank Clothing Allowance Extra Duty Pay Compensation for Off-Duty Tropicana Field Assignments Work Week and Overtime Seniority and Reduction-In-Force Legal Benefit...45

3 ARTICLE PAGE 20 Safety & Health General Provisions...48 Section 1 Reimbursement for Lost/Damaged Personal Property Group Insurance Retirement Awards Court Duty After Retirement Per Diem Assigned Vehicles Tuition Reimbursement Drug Free Workplace Pension Benefits Maintenance of Conditions Savings Clause Entire Agreement Duration...54 Signature Page...56

4 AGREEMENT In accordance with the State of Florida Public Employees Collective Bargaining Statute, this agreement is entered into by the City of St. Petersburg, a municipality in the State of Florida, hereinafter called the Employer or City, and the Fraternal Order of Police, Lodge 43, hereinafter referred to as the FOP, Union or bargaining unit. PREAMBLE The purpose of this agreement is to promote and maintain harmonious and cooperative relationships between the Employer and employees, both individually and collectively, and the FOP and to provide an orderly and peaceful means for resolving differences which arise concerning the interpretation or application of this agreement. The parties recognize that the best interest of the community will be served by assuring the public, at all times, of orderly and uninterrupted operations and functions of the municipal government, and by providing in the most efficient manner, public service to the citizens of the community. SPECIAL NOTE: The personal pronouns he, his, and him used in this agreement are to be interpreted to include both sexes. They are used merely for convenience purposes and are not to be considered as any adverse reflection on either sex. 1

5 ARTICLE 1 RECOGNITION Section 1. The City of St. Petersburg hereby recognizes the Fraternal Order of Police, Lodge 43, as the exclusive representative for the purpose of good faith collective bargaining with respect to wages, hours and other terms and conditions of employment for all employees in the bargaining unit. Section 2. The bargaining unit for which this recognition is accorded is as defined in Certification Number 1343 granted by the Public Employees Relations Commission on September 27, 2001, comprised of all full-time employees within the City of St. Petersburg Police Department employed in the classifications of: Police Sergeant Classification #760 Police Lieutenant Classification #770 All other employees, in other ranks, positions and classifications are excluded from this bargaining unit. Section 3. The Fraternal Order of Police, Lodge 43, hereby recognizes the Mayor or his representative as the public employer's representative for the purpose of good faith collective bargaining. Section 4. For the purpose of this agreement, the terms member, bargaining unit employees, and employees shall be synonymous unless otherwise indicated. ARTICLE 2 EMPLOYEE RIGHTS Section 1. Bill of Rights Employees are entitled to any and all benefits and rights as described in Florida Statutes Chapter through , Law Enforcement Officers and Correctional Officers Bill of Rights, and any and all benefits and rights that may be added to said Statute during the term of this agreement. Any allegations of a violation of these benefits or rights shall be subject to the remedies provided by Florida Statutes Chapter through Employees are also entitled to any and all benefits and rights as described in General Order II-10, Processing Complaints Against Personnel, Section 4, Employee Rights (revised May, 2007). Should changes be made to the Florida Statutes and/or court decisions or Attorney General Legal Opinions be rendered interpreting the Statute, the Department may change the General Order to be in conformance. The Union will be notified if this section is modified. 2

6 Section 2. Departmental Personnel Records Each employee covered by this agreement shall have the right to inspect and make copies of his Departmental Personnel Record or any record directly related to said employee, provided the records are not confidential. (Note: An employee s own medical records are not confidential to him and may be viewed by him and copied upon request). There shall be a copying charge per file of $.15 per page. No more than one (1) personnel record will be reviewed at any one time. Section 3. Refutation The City agrees that an employee shall have the right to include in his official or departmental personnel record a written and signed refutation (including signed witness statements) of any material the employee considers to be detrimental. Section 4. Residency Residency requirements for employees covered by this agreement shall be within a sixty (60) mile radius or two (2) hours driving time of Police Headquarters. Section 5. Miscellaneous A. Polygraph examinations shall be administered in accordance with applicable law. B. It will be an employee s right to record his own Internal Affairs investigation interview if he wishes. ARTICLE 3 MANAGEMENT RIGHTS Section 1. The Fraternal Order of Police, Lodge 43, recognizes the prerogative of the City to operate and manage its affairs in all respects in accordance with its responsibilities. The powers and authority which the City has not officially abridged, delegated, or modified by this agreement, are retained by the City. Except for management rights specifically compromised by the provisions of this agreement, Management officials of the City retain their rights in accordance with the provisions of the Personnel Management System, and the law of this municipality and state. These rights include, but are not limited to, the following: A. To determine the organization of City government. B. To determine the purpose of each of its constituent agencies. C. To exercise control and discretion over the organization and efficiency of operations of the City. D. To set standards for services to be offered to the public. 3

7 E. To manage and direct the employees of the City. F. To hire, examine, classify, promote, train, transfer, assign, schedule and retain employees in positions with the City. G. To suspend, demote, discharge, or take other disciplinary action against employees for just cause. H. To increase, reduce, change, modify, or alter the composition and size of the work force, including the right to relieve employees from duties because of lack of work, funds, or other legitimate reasons. I. To determine the location, methods, means and personnel by which operations are to be conducted, including the right to contract and subcontract existing and future work. The City agrees to meet and confer with FOP representatives at least thirty (30) days prior to assigning civilians to do work currently being performed by Sergeants or Lieutenants filling positions authorized by the Budget Department for those ranks. J. To determine the number of employees to be employed by the City. K. To establish, change, or modify the number, types, and grades of positions or employees assigned to an organization, unit, department or project. L. To establish, change or modify duties, tasks, responsibilities, or requirements within job descriptions in the interest of efficiency, economy, technological change, or operating requirements. M. To establish, implement, and maintain an effective Internal Security Procedure. N. To change, modify or delete any Rule or Regulation. Section 2. The City Council has the sole authority to determine the purpose and mission of the City Council and the amount of the budget to be adopted by the City Council. Section 3. If it is determined that civil emergency conditions exist, including, but not limited to riots, civil disorders, hurricane conditions, or similar catastrophes, the provisions of this agreement may be suspended during the time of the declared emergency, provided that wage rates and monetary fringe benefits shall not be suspended. ARTICLE 4 PROHIBITION OF STRIKES Section 1. Strike Definition "Strike" means the concerted failure to report for duty, the concerted absence of employees from their positions, the concerted stoppage of work, the concerted submission of resignations, the concerted abstinence in whole or in part of any group of employees from the full and faithful performance of their duties of employment with the City of St. Petersburg, the Employer, for the purpose of inducing, influencing, condoning or coercing a change in the terms and conditions of employment or the rights, privileges, or obligations of their employment or 4

8 participating in a deliberate and concerted course of conduct which adversely affects the services of the Employer, the concerted failure to report for work after the expiration of a collective bargaining agreement and picketing in furtherance of a work stoppage. Section 2. Strikes Prohibited Employees covered by this agreement, the FOP or its officers, agent and representatives, agree that Section , of the Florida Public Employees Collective Bargaining Statute prohibits them individually or collectively as public employees or the FOP from participation in a strike against the City of St. Petersburg, the Employer, by instigating or supporting in any manner, a strike. It is further agreed that employees covered by this agreement will not support strike actions that may be initiated by other unions by refusing to cross strike lines or picket lines that may be established by such unions. Any violation of this section shall subject the violator(s) to the penalties as provided by law and the rules and regulations of the Employer. Employees covered by this agreement and the FOP, its officers, agents and representatives agree that they will not engage in any "strike" activities against the City of St. Petersburg, the Employer. Section 3. Penalties Any employee covered by this agreement who participates in, is a party thereto, or promotes any of the above actions as outlined in Sections 1 and 2, or other similar form of interference with the operations or functions of the Employer shall be subject to disciplinary action up to and including discharge. Employees shall not be entitled to any benefits or wages whatsoever while they are engaged in any strike activities, or other interruptions of work. Any employee discharged in accordance with this article or applicable provisions of the State of Florida Public Employees Collective Bargaining Statue shall, if appointed, re-appointed, employed or re-employed by the City, serve a six (6) month probationary period following the reappointment or re-employment, and the compensation may in no event exceed that received immediately prior to the time of the violation, and the compensation may not be increased for one (1) year. ARTICLE 5 NON-DISCRIMINATION Section 1. The Employer and the FOP agree that the provisions of this agreement shall be applied equally to all employees in the bargaining unit without regard to age, race, color, gender, religion, national origin, disability, FOP membership or legitimate FOP activity. The parties agree, however, a grievance based upon allegations of a violation of federal or state employment laws, such as the Fair Labor Standards Act, the Family and Medical Leave Act, Title VII, 42 USC, Chpt. 1983, F.S. 760, the Americans With Disabilities Act, and the Consolidated Omnibus Budget Reconciliation Act, cannot be filed under the grievance procedure contained within this contract. Rather, the employee or Union, whichever is applicable, shall be directed to the process established by the Mayor for the investigation of allegations of illegal discrimination, sexual harassment, or other forms of inappropriate behavior. In addition to the Mayor's internal 5

9 process, procedures established by the Police Department are available, and/or the employee or Union may seek assistance from the U.S. Department of Labor, the U.S. Equal Employment Opportunity Commission, or other appropriate state or federal agency. Section 2. The Fraternal Order of Police Lodge 43 as the certified bargaining agent of the employees covered by this collective bargaining agreement, hereby pledges that it will accept members to its organization without regard to age, race, color, gender, religion, national origin, or disability. ARTICLE 6 CHECKOFF Section 1. Employees participating in the current dues, insurance, and/or uniform assessment payroll deduction program, may continue to do so as long as the FOP remains the certified bargaining agent for employees in this bargaining unit. Section 2. Employees covered by this agreement may authorize, on the prescribed form, the deduction of FOP dues and the approved FOP insurance plans. Any Union uniform assessments will be certified in writing to the Employer by the FOP thirty (30) days prior to implementation date. Section 3. For the purpose of putting this Article into effect, employees who desire to authorize payroll deduction of FOP dues and insurance shall complete the appropriate authorization form contained at the end of this Article. These forms may be duplicated by the employees or Union for this purpose. Section 4. Payroll dues and/or insurance authorizations are revocable at the employee's request upon thirty (30) days written notice to the Employer and the FOP. When an employee stops payroll dues deduction, insurance, uniform assessments, and any other Union payroll deductions shall also be stopped. Section 5. The Employer is expressly prohibited from any involvement in the collection of fines, penalties or special assessments and shall not honor any requests of this nature. Section 6. The FOP agrees to pay the Employer a reasonable fee for the service of dues, insurance and uniform assessment deductions. The fee for total deductions, dues, insurance, and uniform assessments shall be twenty-five ($25.00) dollars per quarter, which shall be remitted by the FOP to the City at the beginning of each quarter of the calendar year. Section 7. FOP dues, insurance, and uniform assessments shall be deducted each applicable pay period and the funds deducted shall be remitted to the FOP account by automatic deposit (wire transfer) the first workday after deduction unless an emergency (machine breakdown, etc.) prevents the meeting of this time frame. Should the FOP's account number change, the City must have at least ten (10) work days notice in order to be able to provide automatic deposit within the time frame specified. 6

10 Section 8. In any pay period in which there is insufficient pay to cover all other duly authorized deductions, FOP dues, insurance, and uniform assessments will not be deducted from an employee's pay, and it will be the responsibility of the FOP to collect its dues for that pay period from the employee. Section 9. The Treasurer of the FOP shall submit a written request stating in dollars and cents, the new amount of FOP dues, insurance, and/or uniform assessments to be deducted from the wages of members who have authorized or been assessed such deductions. This request shall be submitted in advance of the effective date of any changes. Section 10. The FOP agrees to pay the Employer a reasonable fee for any change in membership dues structure, insurance, or uniform assessment structure, at the of rate twenty-five ($25.00) dollars. A check to cover this fee shall accompany any letter of change notice. Section 11. The FOP will indemnify, and hold the City harmless against any and all claims, demands, suits, or other forms of liability that shall arise out of, or by payroll deduction of Union dues, insurance, and uniform assessments. The FOP agrees that in case of error, proper adjustment, if any, will be made by the FOP with the affected employees. 7

11 NOTICE TO EMPLOYER AND FOP AUTHORIZATION FOR DEDUCTION OF UNION DUES I hereby authorize my Employer to deduct from my salary each pay period my FOP Dues as certified to the Employer by the FOP. I hereby authorize my Employer to deduct from my salary each pay period payments as indicated below and as certified to the Employer by the FOP. Dues AFLAC Dental Insurance Other Increase / Decrease Bi-weekly Deduction from $ (Please specify) to $ I understand these authorizations are voluntary, and I may revoke them at any time by giving my Employer and the Union thirty (30) days notice. Date Signed Position (Print) Last Name, First, M.I. Dept./Div./Activity Payroll # Union Official Date 8

12 NOTICE TO EMPLOYER AND FOP INSTRUCTIONS TO STOP PAYROLL DEDUCTION OF FOP UES I hereby instruct my Employer, and advise the Union, to stop deducting Union dues from my salary. It is understood that my deductions for other programs that I may have selected will also stop. I hereby instruct my Employer, and advise the Union, to stop deducting payments for the following programs: AFLAC Dental Insurance Other (Please Specify) Decrease my total deduction from $ to $. This form is executed willfully, and it is understood it will take thirty (30) days to execute the stop deduction. Date Position Signed (Print) Last Name, First, M.I. Dept./Div./Activity Payroll # Union Official Date 9

13 Section 1. ARTICLE 7 FOP REPRESENTATION FOP Representation During Collective Bargaining Negotiations A. Neither party, in negotiations, shall have any control over the selection of the negotiating or bargaining representatives of the other party. The FOP will furnish the Labor Relations Office with a written list of the FOP's bargaining team at the first bargaining meeting, and substitution changes thereto, if necessary. B. The employer shall recognize FOP representatives for the purpose of collective bargaining as authorized by the President of the FOP as reflected on the submission listed per Section 1.A. of this Article. C. The Department will make every effort to release recognized FOP representatives, who are Police Department employees, to participate in collective bargaining negotiation sessions as representatives of the FOP. D. FOP collective bargaining team members will be authorized to use Pool Time as outlined in Article 8. In addition, employees participating in the collective bargaining process at the request of the FOP may also be authorized by the FOP to use pool time. This includes preparation for bargaining, negotiation sessions, Special Master hearings and other related meetings. Section 2. FOP Representation During The Term Of The Contract A. The names of all FOP representatives shall be given in writing to the Labor Relations Office as well as any change in such list prior to the effective date of their assuming duties of representation. B. The employer shall recognize three (3) FOP representatives and one (1) alternate, as authorized by the President of the FOP or his designee for the conduct of Labor-Management relations between the employer or Police Department and the FOP for this bargaining unit as reflected in the submission listed per Section 2.A. of this Article. C. Recognized FOP representatives, who are employees of the St. Petersburg Police Department, will be permitted to discuss FOP business with employees during their duty hours provided that such discussions shall in no way interrupt, delay or otherwise interfere with effective and proper service to the community. The FOP agrees that this privilege shall not be abused. D. Recognized FOP representatives shall be allowed to communicate official FOP Business to employees prior to being checked on duty and after the employee(s) has been checked off duty at the end of his/her work shift. City work hours shall not be used by employees or FOP representatives for conducting Union meetings or the promotion of Union affairs. 10

14 E. Recognized FOP representatives, who are not employees of the St. Petersburg Police Department will be granted access to department work areas during working hours to carry out the functions which come within the scope of their responsibilities on matters relating to this labor agreement. F. Employees shall have the right to FOP representation if the employee desires to meet and consult with any supervisory or managerial official, via the appropriate chain of command. G. Copies of special orders, general orders or training bulletins affecting employees covered by this agreement shall be provided to the FOP when issued. H. Solicitation of any and all kinds by the FOP not previously approved by the Police Chief or his designee including solicitation of membership and the collection of FOP monies, shall not be engaged in during working hours. ARTICLE 8 FOP BUSINESS Section 1. FOP representatives who are employees of the St. Petersburg Police Department and recognized by the Employer as such may be granted time off, up to a maximum of three (3) employees in any one instance, by Departmental management to conduct business in connection with the Fraternal Order of Police, Lodge 43, and to attend City, County, or State public hearings or meetings, Civic Association meetings, or fund raising activities for registered (IRS) charitable organizations. Time off for FOP Business will be without loss of straight time pay in accordance with the following provisions: A. A written request for the use of FOP Business time is submitted through the chain of command to the appropriate Assistant Chief of Police at least seventy-two (72) hours in advance of the time off, or verbal permission may be obtained from the representative s immediate supervisor in the case of unforeseen emergencies. B. Requests shall be submitted using the FOP Business Time Leave Request form providing the time and date requested to be absent from duty and briefly describing the purpose for the leave. A copy of the form is contained at the end of this Article. C. Sufficient manpower is available on his regular shift to properly staff the department/unit during the absence of the FOP representatives as determined by the appropriate Assistant Chief. D. Written approval by the appropriate Assistant Chief in advance of the use of FOP Business time, except in emergencies as provided in A above. 11

15 The Assistant Chief or immediate supervisor shall, prior to approval, take into account staffing problems, emergency situations, overtime obligations, and other FOP Business use conflicts with vacation time schedules. Section 2. The Department retains the right to restrict time off for FOP Business when an emergency condition exists and such time off from work assignment would create a danger to public safety. Section 3. The Department will allow up to one hundred eighty (180) hours of compensatory time per year to be donated to the FOP Business Time account. Use of these hours and all hours donated by members of the bargaining unit as described in Section 4 shall be used exclusively by FOP representatives for the purposes described in Section 1. Section 4. Employees covered by this agreement may donate a minimum of two (2) hours of their Annual Leave (vacation) or holiday time toward an FOP Business time account. Donations to the St. Petersburg FOP Business time account can be processed anytime during the term of this agreement using the form contained at the end of this Article. Section 5. Charges against the FOP Business time, as provided in this Article, shall only be made when approved by the President of the FOP or his designee prior to the FOP representatives utilizing requested time. Section 6. For the purposes of this Article, annual leave time schedules have priority over requests for the use of the FOP Business time. Section 7. FOP representatives utilizing this time shall not be on duty and shall not be eligible, during the time of utilization, for Workers' Compensation Benefits in case of injury. Section 8. year. Section 9. Unused time in the FOP Business time account will be carried into the next fiscal City Council Agenda The FOP President shall be provided with advance copies of the printed City Council Agenda at no cost to the FOP. In addition, if the FOP is interested in particular back-up material, the Clerk s office will provide a copy at no cost and in a timely manner. Section 10. Bulletin Boards The FOP will be permitted to place bulletin boards at locations in the Police Department mutually agreed upon by the FOP and the City. These boards may be used for posting official FOP business notices. Authorized bulletin boards shall not exceed five (5) in number. All notices posted shall be signed by the President of the FOP or his designee, who shall be personally accountable for the contents. Duplicate copies of all notices posted shall be submitted to the Chief of Police for his file prior to posting. All costs incidental to preparing and posting of 12

16 FOP materials shall be borne by the FOP. The FOP is responsible for posting and removing material on its bulletin boards and for maintaining such bulletin boards in an orderly condition. Section 11. City-FOP Consultation The City and FOP mutually agree that either party may request a consultation meeting, said request being made usually in writing. Times, dates and places for the meeting shall be arranged by mutual consent. The party requesting the consultation shall advise the other party of the topic or topics for discussion. Consultation meetings shall not be used for negotiation purposes, but shall provide for a free flow of information and ideas of possible future changes of working conditions. Meetings may also be used for either party to advance its views on interpretation of matters covered by this labor agreement where a conflict in interpretation may exist. Each party shall be responsible for those people attending the meetings. FOP representatives who are also Police Department employees shall be limited to no more than four (4) at any one meeting. There will be no limitations for attendance placed on FOP representatives who are not Police department employees. Nothing contained in this Section shall prohibit the FOP from utilizing the grievance procedure as set forth in Article 9 (Grievance & Arbitration Procedure) of this agreement as final resolution to conflicts involving the interpretation or application of this agreement. Section 12. Other Administrative or Legal Procedures and Hearings On occasion, employees covered by this bargaining unit are subpoenaed to attend a deposition or court hearing with said subpoena being issued at the request of the FOP, FOP attorney, or grievant. The City agrees it will provide up to four (4) of these employees with pay for hours which coincide with their normally scheduled hours of work, resulting in a no loss of pay situation. If more than four (4) employees are subpoenaed at the request of the FOP, FOP attorney, or grievant, then the four employees so designated by the FOP, FOP attorney, or grievant, whichever is applicable, shall be covered by this provision. All other employees shall, at their choice, either use annual leave, stored holiday hours, flex their hours if they work flexible schedules, or be placed in a leave without pay status for any work hours spent at such proceedings. Arrangements to attend must be made so as not to disrupt the provision of service to the community. This provision does not apply to other absences from work for other purposes addressed elsewhere in this contract. Section 13. Contract Modification Provisions of this contract may be clarified, amended or modified upon the written consent of the duly authorized representatives of the City and the FOP. No ratification by the legislative body or represented employees shall be required on said clarification, amendment, or modification. However, either party may elect to have its own formal ratification vote, but such action must be completed within thirty (30) calendar days of reaching agreement unless both parties agree to a different time frame. Such election on the part of one of the parties shall not impose a corresponding obligation for a ratification vote upon the other party. 13

17 Section 14. Printing the Agreement The Employer agrees to provide twenty-five (25) copies of this agreement to the FOP within thirty (30) days after final ratification by City Council and signature by the parties of the ratification page of the contract. 14

18 DONATION TO FOP BUSINESS TIME ACCOUNT I hereby authorize (print name) the CITY OF ST. PETERSBURG to deduct hours from (minimum of two) my account checked below: ( ) HOLIDAY ( ) ANNUAL LEAVE The time deducted above is to be transferred to the FOP Business time account for use by the FOP representatives of this bargaining unit. SIGNATURE Payroll/Employee # Dept./Division Activity Code 15

19 ARTICLE 9 GRIEVANCE AND ARBITRATION PROCEDURE Section 1. General A. The purpose of this Article is to establish a procedure for the fair, expeditious and orderly resolution of grievances and is to be used only for the settlement of disputes between Employer and employee, or group of employees, involving the interpretation or application of this collective bargaining agreement. A classified employee shall have the option of utilizing the Personnel Management System Appeal Procedure (City Grievance and Appeal Procedure) or the grievance procedure established under this Article, but such employee cannot use both. B. An employee who has a grievance which is outside the purview of this collective bargaining agreement shall utilize the City Grievance and Appeal Procedure, if applicable. C. An employee covered by this agreement shall have the right to be represented, or refrain from exercising the right to be represented in the determination of grievances arising under the terms and conditions of employment covered by this agreement. Nothing in this section shall be construed to prevent any employee from presenting at any time, his own grievances, and having such grievances resolved without the intervention of the bargaining agent provided the resolution is consistent with the terms of the collective bargaining agreement currently in effect, and provided the FOP has had a reasonable opportunity to be present at any meeting called to resolve the grievance. Adjustment of grievances shall not be construed as a waiver of rights by either the City or the FOP. The FOP may at its own discretion choose not to represent an employee pursuing a grievance who is not paying dues to the FOP. The FOP shall not be held responsible for and shall be held harmless from any liability which may arise out of any resolution or lack thereof, for any grievance or arbitration which was processed without the employee being specifically represented by a recognized FOP representative. A grievance may be submitted by the FOP, as the exclusive representative of employees covered by this agreement, as a general or class grievance. An FOP general or class grievance shall be initially submitted at Step 2 (Labor Relations Office) within twenty (20) calendar days from the date of occurrence or awareness of the occurrence. Disciplinary actions involving one employee will not be considered a class grievance. The Employer may submit a grievance which will be filed with the FOP President at Step 2 within twenty (20) calendar days from the date of occurrence or awareness of the occurrence. 16

20 D. The aggrieved employee may submit a written grievance within twenty (20) calendar days after the occurrence of the matter from which the grievance arose. A grievance not submitted within the time limits as prescribed for every step shall be considered untimely and deemed null and void. A grievance not appealed to the next step within the time limits established by this grievance procedure shall be considered settled on the basis of the last answer provided by management. A grievance not answered within the time limits prescribed for the appropriate management representative at each step shall entitle the employee to advance the grievance to the next step. The time limits prescribed herein may be extended if agreed by both management and the Union, or grievant if he is representing himself, due to unusual circumstances when deemed in the best interest of investigating or assessing all available information to arrive at an equitable solution to the grievance, or for other legitimate reasons such as illness or vacation leave. E. The requirement in Steps 1 and 2 for written grievances and answers shall not preclude the aggrieved employee, the FOP, if applicable, and appropriate management representatives from orally discussing and resolving the grievance. Oral discussions up through Step 2 shall not cause the aggrieved employee and the FOP representative to suffer any loss of pay and shall normally be held during regular working hours. F. In advancing grievances in Steps 1 and 2, the employee and/or the FOP representative, if applicable, may call a reasonable number of witnesses to offer testimony from direct knowledge only. Witnesses who are employees shall suffer no loss of pay or benefits while serving as witnesses at Step 1 and Step 2 hearings, and shall be excused to testify during working hours provided such absence from their place of work in no way interrupts, delays, or otherwise interferes with proper and effective service to the community. Time spent during off-duty hours attending or testifying on behalf of a grievant through Step 2 of this process shall not be counted as time worked. The City agrees it will provide up to four (4) employees covered by this bargaining unit who are subpoenaed by the grievant and/or the FOP to appear at an arbitration with pay for hours which coincide with their normally scheduled hours of work, resulting in a no loss of pay situation. If more than four employees are subpoenaed, then the four employees so designated by the grievant or FOP, whichever is applicable, shall be covered by this provision. All other employees shall either use annual leave or be placed in a leave without pay status for any work hours spent at such proceedings. Arrangements to attend must be made so as not to disrupt the provision of service to the community. G. The FOP representative shall be allowed reasonable time off without loss of pay during his regular shift hours for investigating, presenting, and appealing grievances up to and including Step 2 of this procedure. The performance of this function by the FOP representative shall in no way interrupt the normal functioning of the department. 17

21 The FOP agrees to guard against the use of excessive time for such activities which are authorized by this agreement. The FOP representative will provide advance notice to supervision to allow planning arrangements to enable the representative time for investigative activity. When an FOP representative desires to contact an employee who has a complaint, he shall first obtain oral permission from his supervisor. If permission must be denied at that particular time, the FOP representative will be informed of the reason for the denial and when he can reasonably expect to contact the employee concerned. In the event permission is denied, the time period in Sections C and D will be extended accordingly. The FOP representative will notify his supervisor upon his return to work. H. For the purpose of this Article, the work day is defined as the normal City work schedule within the forty (40) hour work week, Monday through Friday, excluding City holidays. I. Employees will follow all written and verbal directives, even if such directives are allegedly in conflict with the provisions of this agreement. Compliance with such directives will not in any way prejudice the employee's right to file a grievance within the time limits contained herein nor shall compliance affect the ultimate resolution of the grievance. No employee or group of employees may refuse to follow directions pending the outcome of a grievance. Section 2. Chain of Command/Complaint Review Boards A. Chain of Command Board 1. At the conclusion of an Internal Affairs investigation, and after the review and approval by the Police Chief or his designee, the Department will have thirty (30) calendar days to convene the Chain of Command Board, discuss the results of the investigation, make a decision about what, if any, disciplinary action will be taken, and notify the employee in writing of the Board's decision. The Department agrees to make a good faith effort to comply with this time frame. 2. An employee disciplined by his or her Chain of Command Board may within ten (10) work days of the decision either request a Complaint Review Board if the original allegations brought against the employee originated from an individual, or individuals outside the Police Department, or file a Step 2 grievance. If the employee is eligible for and chooses to request a Complaint Review Board the employee must, within that same ten (10) work day period, notify Internal Affairs of the peers he selects for the Board. The Department will immediately select its two choices for the Board, and these four individuals will select a Chairperson. Internal Affairs will coordinate this process so that the Department's selection of peers for the Board and the four Board members' selection of the Chairperson will not delay the process. 18

22 3. After the Chairperson of the Board is selected, Internal Affairs will schedule a meeting of the Board, which shall forward its findings and recommendations to the Police Chief or his designee. The Chain of Command Board will be reconvened and a final decision concerning disciplinary action will be made by the Police Chief or his designee. This decision will be transmitted to the employee. The time allotted for this process (from the selection of the Chairperson by the other members of the Complaint Review Board to the transmittal of the final decision of the Police Chief or his designee) shall be no more than thirty (30) calendar days. Should the thirty day time frame for this step expire, the Union and/or the employee may proceed to the next step in the grievance process, Step An eligible employee who chooses to have a Complaint Review Board will have ten (10) work days after the final department decision to file a grievance at Step 2. B. Assistant Chief Board An employee disciplined by his Assistant Chief Board may within ten (10) work days of the decision file a grievance at Step 1. Section 3. Step 1 Grievance Procedure The aggrieved employee may, with or without FOP representation, submit a written grievance on the prescribed form to the Office of the Police Chief within twenty (20) calendar days after the occurrence of the matter from which the grievance arose. The written grievance at this step, and at all steps thereafter, shall contain the following information: 1. A statement of the grievance including date of occurrence, and details, and facts upon which the grievance is based. 2. The article, and section if appropriate, of the labor agreement alleged to have been violated. 3. The action, remedy or solution requested by the employee. 4. Signature of aggrieved employee, and FOP representative, if applicable. (If the employee is represented by the FOP, no employee signature is necessary after the first step.) 5. Date submitted. 19

23 Grievances submitted which do not contain the above information shall be considered inappropriate and shall be returned to the employee, who shall have one (1) work day after receipt to resubmit the grievance. The Chief of Police or his designee within ten (10) work days of receipt of the grievance shall meet with the grievant and/or the FOP representative, if applicable, to discuss and seek a solution to the grievance. Within five (5) work days after the meeting, the Police Chief or his designee shall give his answer in writing to the grievant and the FOP representative as the case may be. The written response at this step and all steps thereafter shall contain the following information: a. An affirmation or denial of the facts upon which the grievance is based. b. An analysis of the alleged violation of the agreement. c. The remedy or solution, if any, to be made. d. Signature of the appropriate management representative. Step 2 Section 4. If the grievance is not resolved at Step 1, the aggrieved employee may submit a written appeal to the Labor Relations Office within ten (10) work days after receipt of the Chief of Police or his designee's written answer. The Labor Relations Manager or his designee, if deemed appropriate, shall meet with the aggrieved employee, departmental management, and FOP representatives, if applicable, within ten (10) work days of receipt of the written appeal to discuss and seek a resolution of the grievance. Within ten (10) work days after this meeting, the Labor Relations Manager or his designee shall give his written recommendation to resolve the grievance to the grievant and the FOP representative, if applicable, as well as to the Police Chief or his designee. The Police Chief or his designee within ten (10) work days of receipt of the Step 2 recommendation shall inform the grievant and the FOP, if applicable, whether the Chief accepts the recommendation when said recommendation is for a course of action different than that already taken by the Department. In the event the FOP representative, or the employee if he is not represented by the FOP, and the Labor Relations Manager or his designee mutually agree to waive Step 2, the FOP or aggrieved employee may proceed directly to arbitration. Arbitration Referral A. If the employee grievance is not resolved at Step 2, the aggrieved employee may, within ten (10) work days after receipt of Step 2 answer, or within five (5) work days of receipt of the Police Chief s response to the recommendation if applicable, whichever is greater, submit a written request for arbitration to the Labor Relations Office. 20

24 B. In general grievances, either the FOP or the Employer may request to take the issue or grievance to arbitration by submitting the request for arbitration to the Labor Relations Office. C. If the parties fail to mutually agree upon an arbitrator within five (5) days after the date of receipt of the arbitration request, a list of seven (7) qualified neutrals shall be requested and paid for by the moving party from the Federal Mediation and Conciliation Service (FMCS). Within ten (10) work days after receipt of the list, the parties shall meet and alternately cross out names on the list, and the remaining name shall be the arbitrator. A coin shall be tossed to determine who shall cross out first. Each party has the right to reject one list. The party rejecting the list shall be responsible for paying for and obtaining the next list, and the above described procedures will be followed for selection from the list. If the selected arbitrator is not available for a hearing within ninety (90) days of the date the arbitrator was selected, another list may be requested by the Labor Relations Office, which will pay the fee for that particular list. If the grievant is not represented by the Union, the list of arbitrators shall be requested from the American Arbitration Association with the moving party paying whatever fees may be charged. Once a list has been obtained, the procedures detailed above shall be used for selecting an arbitrator. D. The hearing on the grievance shall be informal and the rules of evidence shall not apply; however, to assure an orderly hearing, the rules of judicial procedure should be followed as closely as possible. E. The arbitrator shall not have the power to add to, subtract from, modify or alter the terms of this collective bargaining agreement in arriving at a decision of the issue or issues presented, and shall confine his decision solely to the interpretation or application of the agreement. The arbitrator shall not have authority to determine any other issues not submitted to him. F. The decision of the arbitrator, made within the scope of his authority as outlined in 4.E. above shall be final and binding upon the aggrieved employee or the FOP and the Employer, but neither party waives its rights under state law. G. The arbitrator's fee and expenses shall be borne by the losing party. Where the FOP represents the aggrieved employee in the arbitration proceeding and the arbitrator upholds the position of the City, the FOP will be considered the losing party. In the event an aggrieved employee pursues his grievance to an arbitration hearing without the FOP representing him and the arbitrator determines in favor of the City, the employee shall be considered the losing party. In the event of a split or compromise decision (the arbitrator does not fully uphold the position of either party), the arbitrator's fee and expenses shall be borne equally by the parties to the arbitration. In the event a scheduled hearing is rescheduled or canceled and fees are due to the arbitrator, the party rescheduling or canceling the hearing is responsible to pay the 21

25 costs. If both parties mutually make the decision to reschedule or cancel the hearing, the fees due to the arbitrator shall be split equally by the parties. H. The expenses in connection with attendance of participants and witnesses for either side shall be paid by the party producing such participants and witnesses, whether they have been subpoenaed or appear voluntarily, except as otherwise specified in Section 1.F. I. The arbitrator shall be requested to render his decision as quickly as possible, but in any event, no later than thirty (30) calendar days after the hearing or after receipt of the post-hearing briefs. When post-hearing briefs are to be submitted and one of the parties orders a transcript of the hearing prior to preparing its brief, that party shall notify the other party and the arbitrator as to when it has received the transcript. Both parties shall have twenty (20) calendar days following notification of receipt of the transcript to prepare and mail their briefs to the arbitrator, unless both parties agree to some other deadline. J. In case of a grievance involving any continuing or other money claim against the Employer, no award shall be made by the arbitrator which shall allow any alleged accruals for more than thirty-one (31) calendar days prior to the date when such grievance shall have been submitted in writing. K. Upon receipt of the arbitrator's award, corrective action, if any, will be implemented as soon as possible, but in any event no later than ten (10) working days after receipt of the arbitrator's award. L. Either party to this agreement desiring transcripts of the arbitration hearings shall be responsible for the cost of such transcripts, if available. ARTICLE 10 ILLNESS LEAVE Section 1. Accrual Rate A. Employees covered by this agreement shall accrue four (4) hours of illness leave for each eighty (80) regularly scheduled work hours on active pay status with a maximum accrual of 1500 hours. B. Those employees who have illness leave balances above the maximum accrual as of the effective date of the agreement will have the accrued illness leave hours over the maximum converted into paid Personal Leave hours in accordance with the following conversion schedule and will have their illness leave accruals reduced to 1500 hours: 22

26 Accrued Illness Leave Hours over 1500 Converted to Paid Personal Hours hours through 2000 hours 50% of accrual hours through 2500 hours 50% of accrual up to a combined maximum of 360 hours hours through 3000 All Above Hours + 40 hours 4. Over 3000 hours All Above Hours + 40 hours C. Personal Leave hours will be scheduled and authorized in accordance with the provisions for Annual Leave. D. Personal Leave hours will not be considered work time. E. Personal Leave hours shall not be donated or transferred to other employees or any other bank or pool of hours. F. Unused personal leave hours shall not be paid out upon separation from employment. Section 2. Illness leave shall be charged by the actual hours and tenths of hours used. An employee shall not be entitled to apply any illness hours in excess of the amount of such leave accumulated to his credit. Section 3. Purpose The purpose of the illness leave program is to provide employees with basic salary during temporary periods of illness or injury in which they are medically incapacitated and unable to perform their job assignments. Section 4. Approvals Upon receiving proper notification from an employee requesting permission to be absent from work for medical reasons, the Police Chief or his designee shall evaluate the available information and determine to his satisfaction that the employee is actually too ill or injured to be expected to work. Based upon the circumstances of the case and prior to receiving the employee's physician's report, tentative approval may be granted to the employee to be absent for medical reasons pending further investigation including, but not limited to, personal observation of the employee by a supervisor, or a medical evaluation by a doctor designated and compensated by the City. The Police Chief or his designee may send home an employee who is too ill or injured to work or would cause an unhealthy working condition if he came in contact with other employees. Section 5. Notification of Illness A. An employee medically incapacitated to the extent that he is unable to work shall personally notify his supervisor or other approved departmental representative at such 23